A federal judge on Friday declined to block the Pentagon from firing three Stars and Stripes staff members, who argued they were unlawfully disciplined for speaking out about the military news outlet's need to preserve editorial independence. U.S. District Judge Trevor McFadden stated that the journalists are unlikely to successfully prove that the Pentagon violated their First Amendment free speech rights.
McFadden, nominated to the bench by former President Donald Trump, concluded that the journalists failed to demonstrate that their terminations would create a chilling effect on protected expression. He wrote that Stars and Stripes’ editorial independence "is not at stake here."
The lawsuit was filed last week in Washington, D.C., by Stars and Stripes publisher Max Lederer, editor-in-chief Erik Slavin, and Middle East reporter Lara Korte. They challenged their dismissals by the Pentagon, which partially funds the publication.
Slavin stated he was fired for insubordination after participating in a CBS News interview where he voiced opposition to potential censorship by the U.S. military. Korte was also involved in the same interview. The lawsuit claims they were retaliated against for publishing a report on deteriorating conditions aboard the U.S.S. Abraham Lincoln.
However, McFadden determined that Slavin and Korte gave the interviews as part of their official duties as public employees, not as private citizens. "They are being fired for giving pre-approved interviews on their paper’s behalf in which they largely toed the company line. Whatever else such a scheme may violate, it does not clearly offend the First Amendment," the judge wrote.
Lederer was dismissed shortly after announcing his planned retirement. He alleged that the Pentagon had installed a new deputy publisher, an active-duty service member, under him without his knowledge.
The Defense Department and Defense Secretary Pete Hegseth are named defendants in the lawsuit. Attorneys from Democracy Defenders Fund, Lawyers for Good Government, Government Accountability Project, and a Yale Law School clinic are representing the plaintiffs.
Taryn Wilgus Null, an attorney with Democracy Defenders Fund, acknowledged that the judge's decision highlights the significant burden plaintiffs face when seeking preliminary injunctions. She noted that the ruling does not represent the final word on the litigation, adding, "While we are disappointed in the decision, we fully expect to prevail after we have an opportunity to take discovery and all the facts are revealed."
McFadden has previously presided over a lawsuit filed by The Associated Press, which accused the Trump administration of retaliating against the news organization for not following an executive order to rename the Gulf of Mexico. In that case, McFadden ordered the White House to reinstate the AP's full access to cover presidential events, affirming on First Amendment grounds that the government cannot punish a news organization for its speech content. The administration's appeal of that decision is pending.